Post by xyz3500 on Feb 22, 2024 2:29:56 GMT -5
Credits relating to a sales contract with domain reservation are not subject to the effects of judicial recovery, regardless of whether they have been registered at a notary's office or not. The decision is from the 3rd Panel of the Superior Court of Justice. The rapporteur, minister Nancy Andrighi, explained that article 49, paragraph 3, of Law determines that the credit held by an owner in a sales contract with reservation of ownership is not subject to the effects of the buyer's judicial recovery, with the rights prevailing of ownership over the thing and the contractual conditions, as in the case in question. According to the minister, the legislator's intention was to ensure that the creditor of a company in recovery that has signed a contract with it with reservation of ownership is not subject to the effects of the recovery process, which also coincides with the jurisprudence of the STJ.
The maintenance of ownership of the asset subject to the contract with the seller until the agreed condition is implemented (full payment of the price) will not be affected by the lack of registration with the extrajudicial service", he stated. For Nancy Andrighi, the legislation requires, in order to Israel Mobile Number List not subject the credits held by the owner in a contract with reservation of ownership, only that he bears such status (of owner), which arises from the very nature of the legal transaction. According to the rapporteur, both with regard to the fiduciary assignment of credits and the sale of equipment with domain reservation, the registration of the contract is not a constitutive requirement of the respective legal transaction.
Registration is a requirement solely for advertising purposes, that is, so that the domain reservation can be enforced against third parties who may be directly harmed by the lack of knowledge of the existence of such a clause", he explained. The minister highlighted that the relationship established between the buyer — in judicial recovery — and his creditors is a different situation, as nothing was stipulated between them regarding the goods subject to the contract in question. "The maintenance of ownership of the asset in the person of the seller is a natural result of the legal nature of the sales contract with reservation of ownership. The latter continues to appear, before everyone, as the owner of the thing. Only this ownership is not absolute, given the suspensive condition inherent to the objective of the deal entered into", he said. With information from the STJ press office.
The maintenance of ownership of the asset subject to the contract with the seller until the agreed condition is implemented (full payment of the price) will not be affected by the lack of registration with the extrajudicial service", he stated. For Nancy Andrighi, the legislation requires, in order to Israel Mobile Number List not subject the credits held by the owner in a contract with reservation of ownership, only that he bears such status (of owner), which arises from the very nature of the legal transaction. According to the rapporteur, both with regard to the fiduciary assignment of credits and the sale of equipment with domain reservation, the registration of the contract is not a constitutive requirement of the respective legal transaction.
Registration is a requirement solely for advertising purposes, that is, so that the domain reservation can be enforced against third parties who may be directly harmed by the lack of knowledge of the existence of such a clause", he explained. The minister highlighted that the relationship established between the buyer — in judicial recovery — and his creditors is a different situation, as nothing was stipulated between them regarding the goods subject to the contract in question. "The maintenance of ownership of the asset in the person of the seller is a natural result of the legal nature of the sales contract with reservation of ownership. The latter continues to appear, before everyone, as the owner of the thing. Only this ownership is not absolute, given the suspensive condition inherent to the objective of the deal entered into", he said. With information from the STJ press office.